Eligibility for LSL improving for casuals

By Denise Fairservice

Federation has achieved a widening of the definition of 'slackness of trade' to improve casual and part time TAFE teachers' eligibility for long service leave and is now seeing what it can do for school teachers.

One of the exceptions to the two-month interruption rule for continuity of service to qualify for long service leave is "made by the employer by reason of slackness of trade".

In the past the Department and TAFE had interpreted this sub section as referring to vacations and non-teaching weeks or in the case of schools, the first and last few weeks of school. In its negotiations over the draft of the new TAFE long service leave administrative guidelines, Federation tried to expand this definition to include teachers who had been offered work but then lost that work because the class failed to be formed or was disbanded because of insufficient students. TAFE remained intransigent on this issue and in February 2003, Federation lodged a dispute in the Industrial Relations Commission.

The negotiations continued for most of 2003, however, on April 28, 2004, the matter was settled with TAFE providing a policy change on its definition of "slackness of trade".

TAFE issued an Industrial Relations Circular on May 26, 2004, indicating that in addition to breaks in service due to vacation periods and non-teaching weeks in TAFE, where a subject or module normally taught by a part-time casual teacher is cancelled due to insufficient student numbers, the resulting break in service shall be regarded as an interruption in service made by TAFE by reason of slackness of trade provided that:

• prior to its cancellation the TAFE part-time casual teacher had taught the subject or module -- offer and acceptance must be in writing (email accepted); and
• prior to its cancellation the part-time casual teacher had accepted an offer to teach that subject or module -- offer and acceptance must be in writing (email accepted). Placement on a suitability list does not amount to an offer or acceptance of employment;
• the maximum period which may be regarded as an interruption in service regarded by TAFE by reason of slackness of trade is limited to the period for which the part-time casual teacher would have been employed but for the cancellation.

Federation is currently preparing guidelines as to how the concept of "slackness of trade" would apply to casual school teachers in order to start negotiations with the Department.

For further information

December 2007 contents